Municipal Law Update December 20, 2019

Cases Published November 8, 2019 Fourth Department Affirms Order to Continue City’s Special Proceeding for Abatement of Gutter Violation City of Rochester v. Turner http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2019/11-08-19/PDF/0939.pdf Petitioner-respondent, City of Rochester, commenced a special proceeding in City Court seeking abatement of certain property code violations, chiefly with respect to gutters, and an order compelling respondents-appellants, Thomas Turner…

Business News September 2019

Federal Regulations to Ease Access to Healthcare Records Raising Privacy Concerns Landmark medical information-sharing rules, proposed this year by the Department of Health and Human Services, are intended to make it easier for people to see their medical records, manage their illnesses, and understand their treatment choices.  The rules would require health providers to send…

Summing Up July 2019

Plaintiff’s Premises Liability Action Dismissed Where the Alleged Dangerous Condition is Inherent and Incidental to the Nature of the Property In Preston v. Castle Pointe, LLC, et al. (4th Dept. June 7, 2019), the Executor of the decedent’s estate commenced an action seeking damages for wrongful death and conscious pain and suffering because of the…

Summing Up June 2019

Appellate Division Affirms Jury Verdict on the Issue of Liability                                                   In Douglas F. f/n/g of Alex F, an infant v. Williamsville Central School District, et al, (4th Dept., June 7, 2019), the plaintiff commenced a personal injury action for injuries sustained by his son after being struck in the head by an outward-swinging 90-pound wooden…

Municipal Law Update June 17, 2019

Fourth Department Makes Findings on Summary Judgment Motions in Case of Stolen Brain Matter In Dunn v County of Niagara, 2019 NY Slip Op 04530 (4th Dept. Jun. 7, 2019), on April 13, 2012, defendant Russell Jackman, then a coroner employed by defendant County of Niagara, responded to the fatal accident of plaintiffs’ son.  Jackman…

Summing Up May 2019

Golfer’s Motion for Summary Judgment Denied  In Krych v. Bredenberg (4th Dept., 2019), plaintiff commenced an action seeking to recover damages for injuries he sustained while he was playing a round of golf and was struck by a golf ball hit by defendant.  In affirming the lower court’s decision to deny defendant’s summary judgment motion…

Business News May 2019

New York passes Its Own DREAM Act The New York State Assembly and Senate pass the Jose Peralta DREAM Act.  Under the proposed legislation, state tuition assistance programs would be available to undocumented immigrants who have attended high school within the state for at least two years and either graduated from high school or obtained…

Summing Up April 2019

Plaintiff Denied Summary Judgment Relative to His “Serious Injury” In Savilo v. Denner, 2019 N.Y. App. Div. LEXIS 1920, the Fourth Department reversed an order granting the plaintiff’s motion for summary judgment on the issue of serious injury as defined by Insurance Law § 5102 (d). First, the court held that the “plaintiff failed to…

Municipal Law Update April 10, 2019

Fourth Department Affirms Denial of Claimant’s Application to Serve Late Notice of Claim In Powell v. Central New York Regional Transportation Authority, 92 N.Y.S.3d 791 (4th Dept. 2019), the plaintiff sought compensation for injuries she sustained while existing a bus owned and operated by Central New York Regional Transportation Authority.  The three main factors a…